Foley Work Accident Lawyer

Alabama’s workers’ compensation law requires businesses with five or more employees to have workers’ compensation coverage. “Employees” include full and part-time employees, members of an LLC, or officers of a corporation. It excludes contractors, domestic employees, farm laborers, and casual employees.

Eligible workers are entitled to weekly compensation benefits for their lost wages due to the accident. This is typically the employee’s average weekly earnings for 52 weeks multiplied by 66⅔%. The injured worker will also receive benefits to cover hospital, medical, and surgical treatments related to the injury.

Although Alabama’s workers’ compensation process is stringent, our Foley work accident lawyers are here for you. We take the time to understand your unique situation, tailoring our legal services to suit your needs and produce desirable results.

What’s the Process for Filing a Workers’ Compensation Claim in Foley?

How to Obtain Workers’ Compensation Benefits in Foley

Determine Your Eligibility for Workers’ Compensation Benefits 

Besides being an employee as discussed above, other requirements must be met to qualify you for workers’ compensation. For example, your injury must have occurred while doing your job or acting within your scope of employment. The injury must also have resulted from an accident, not a willful act.

Seek Medical Aid 

In any accident, it’s important to put your health first by seeking medical attention immediately. This ensures that your health condition doesn’t worsen and serves as proof of an injury. Typically, you’re expected to receive treatment from your employer’s preferred primary care provider. However, this rule can be flexible in emergency cases.

Report the Accident

Reporting the accident and your injuries to your employer is a crucial step in Foley’s workers’ compensation process, so be sure to take this seriously. Generally, it’s recommended that you send a written notice to your employer within 5 days from the accident date. However, your claim will be denied if you don’t notify your employer within 90 days.

Ensure Your Employer Files the Necessary Forms 

Follow up with your employer to ensure the First Report of Injury Form is filed promptly with the insurance company. Also called the WCC Form 2, this document details your injury and provides relevant information about your wages. If your employer doesn’t file the form, you’re advised to contact the Alabama Workers’ Compensation Ombudsman Program immediately.

Receive a Decision 

After receiving the WCC Form 2, the insurance company will investigate your case and deny or accept your claim. If your claim is denied, you can dispute the decision by filing a lawsuit with the appropriate district court. Alternatively, you can approach the ombudsman.

Alabama’s workers’ compensation process can be complicated and overwhelming for an injured worker. So, having our experienced work injury attorney handle your case from beginning to end is another essential step in the claims process.

Frequently Asked Questions

Tough Questions Regarding Workers Compensation in Foley Answered

Find answers to the most commonly asked questions among Foley work accident victims below:

Are There Circumstances That May Negate My Workers’ Compensation Claim?

Yes. For example, on-the-job injuries resulting from your willful misconduct can invalidate your claim for benefits. Others include accidents due to your alcohol intoxication or use of illegal drugs and willful refusal to use available safety appliances. Our Foley work accident lawyer will review your case to determine your eligibility for workers’ compensation benefits.

Is There a Statute of Limitations for Workers’ Compensation Claims in Foley? 

Yes. All compensation claims for work-related injuries must be filed within two years from the accident date. Otherwise, it will be statute-barred. If compensation payments have already been made, time starts counting from the date of the last compensation payment.

What If My Employer Doesn’t Carry Workers’ Compensation Insurance?

Some employers fail to carry insurance or are not required by law to do so. In such situations, you can explore third-party liability or file a lawsuit against your employer. Our attorneys will review your case to determine your best course of action.

What Will the Workers’ Compensation Lawyers at Caldwell Wenzel & Asthana, PC, Do for Me?

Our attorneys undertake several activities with the primary goal of helping you navigate the complexities of the claims process. With our experience and deep understanding of the workers’ compensation system, you’re in the best hands to help you get the compensation you deserve. Our impressive record of client victories highlights our dedication to achieving the best results in your case.

Our Skilled Work Accident Attorneys in Foley Are Waiting to Hear from You

We’re Happy to Offer Our Superior Legal Services for a Seamless and Productive Workers’ Compensation Process

Are you searching for experienced, compassionate, results-driven, and dedicated Foley work accident lawyers to handle your job injury case? You’ve found us! At Caldwell Wenzel & Asthana, PC, we’ll guide you through your claims process from beginning to end. Our attorneys will ensure that you get the highest possible payout without stress.